Austin Card Room (1 Viewer)

Yikes.

Attorneys are not taking your case because either 1.) you don't have a case, or 2.) there's no way for them to get paid. I assume you're not prepared to pay them hourly. If you want them to take the case in a contingency basis, there must be a clear path to winning and enough damages to make it worth the time it's gonna take to get to that point.

Good luck.
 
Not going to call out Attorneys here, as I know 5 or 6 are avid posters, but ... What about making the complaint to the Attorney General? If they find that they broke the law then Anthony's claim would be easier for a local Attorney to take as there would be a clear path to winning? Of course if they are found to have broke the law, it would be hard to claim any damages as they would likely be shut down.

Reporting it or 'blowing the whistle' would make you a hot tamale and I would think at least in Texas you'd be hard press to work for any gaming location.
 
Yikes.

Attorneys are not taking your case because either 1.) you don't have a case, or 2.) there's no way for them to get paid. I assume you're not prepared to pay them hourly. If you want them to take the case in a contingency basis, there must be a clear path to winning and enough damages to make it worth the time it's gonna take to get to that point.

Good luck.

Yeah, Texas is not an employee friendly place. It sucks because there's a lot of great ground level staff in the room, and patrons as well.

If the place gets raided I don't want to see them suffer consequences for shitty choices coming from owners and upper management.

These guys own and operate at least 6 card rooms throughout the State, plus other businesses as well.

I hate seeing the bad actors in the industry prosper, but I'm not going to prison or selling my reputation to help line their pockets
 
Yeah, Texas is not an employee friendly place. It sucks because there's a lot of great ground level staff in the room, and patrons as well.

If the place gets raided I don't want to see them suffer consequences for shitty choices coming from owners and upper management.

These guys own and operate at least 6 card rooms throughout the State, plus other businesses as well.

I hate seeing the bad actors in the industry prosper, but I'm not going to prison or selling my reputation to help line their pockets
Kudos on you for making the right choices, and I hope everything works out for you.
 
So while obviously I'm not an attorney, I'm pretty confident my concerns regarding items that are illegal are valid, here are the relevant codes for some of them:


CALCUTTA AUCTION

Sec 47.03 GAMBLING PROMOTION

(a) A person commits an offense if he intentionally or knowingly does any of the following acts:

(4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate

my notes: on the above, they allowed members to place monetary wagers on the 79 players in Day 2 of the poker tournament. If a player you bid on and won came in 1st-3rd in the event, you won a sum of money (1st was over 7 grand, as they collected over 14 grand for this auction).

They believed because they were taking no cut of this auction it was all legal. But in this Gambling Promotion section, a number of the other items state "for gain" and the one I believe is relevant to this sort of wager does not contain "for gain" in it, which means just hosting it would be illegal if I'm understanding it correctly.


PRIVATE GAMBLING SPACE

Penal Code Title 10 Chapter 47 Gambling

Sec 47.01 DEFINITIONS

(8) "Private place" means a place to which the public does not have access, and excludes, among other places, streets, highways, restaurants, taverns, nightclubs, schools, hospitals, and the common areas of apartment houses, hotels, motels, office buildings, transportation facilities, and shops.

Sec 47.02 GAMBLING

(a) A person commits an offense if he:

(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest

(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device


(b) It is a defense to prosecution under this section that:

(1) the actor engaged in gambling in a private place;
(2) no person received any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.

So the above covers a few different issues I see. Since a private place is defined as a place the public does not have access to and excludes restaurants, and Poker House has a restaurant that is open to the public and the rear of the restaurant is wide open into the "private" poker space, I'm not sure how they can claim the space is actually "private" given this blending of spaces. Especially since the public, including families with young children, pass into this space, walk right by the cashier cage where chips are bought and exchanged, past the offices of the private poker club, to get to the restrooms which are utilized by both the public and private members.

The $2 jackpot drop taken once there's $10 in the pot may be in violation of the "economic benefit" clause. While the poker room claims they record and return all these moneys back to the players (and presently I don't have reason to believe this is not true), the issue is that players who win these promotions (often in the high four figures or low five figures with flush frenzy and other promos) are essentially receiving an "economic benefit" from money taken out of pots they never played themselves. In addition, the room is holding onto the money for extended periods of time until those jackpots get paid out, if they're earning interest on that money in any manner, I would assume that also violates the economic benefit clause.

For the Calcutta Auction, the risks of losing and chances of winning I don't believe were the same for all participants. This is because with 79 players returning for Day 2, the chip leader had close to 700K in his stack, while some players had under 100k in theirs. So everyone who bids on a competitor does not have an equal chance of winning or losing is how I view it.


I have had one attorney state he believes I may have a case under the Sabine Pilot doctrine for refusing to engage in illegal activity at work, but he's focused on other areas of employment law presently and referred me elsewhere.

Another attorney stated she was a solo practitioner and cases like mine take a lot of work she couldn't devote to it at the present time, and referred me elsewhere.

I have emails back and forth with my former employer that clearly show them praising my work (fwiw, I received a FIFTY-PERCENT pay increase coming into March that brought me to 78K/year in salary, having only been with them for 3 months or so). Their email terminating me states it's because I wouldn't come in for scheduled shifts.

I can show I wasn't coming in for those shifts because it would force me to engage in or promote illegal activity. So from a non-attorneys view, I don't see how I don't have a slam-dunk wrongful termination case worth six-figures here.

Given my massive payraise in such a short amount of time, I was on the fast-track to go places in a company that has been expanding and owns and operates at least 6 poker rooms now. Since I decided to try and do what's right, I may have fucked up my future in this small industry forever, as other rooms may not want to work with the guy who won't play ball and turn a blind eye.

The law in Texas allows for back pay, future pay, mental anguish damages, punitive damages, attorneys fees and court costs. I'm not sure what I'm missing, but I would think my case has significant value.

I do have an attorney who's going to call me at 2pm today so hopefully I'll get somewhere, been stuck dealing with the gatekeepers (paralegals) and getting nowhere thus far.
 
I can show I wasn't coming in for those shifts because it would force me to engage in or promote illegal activity.
:unsure:
I'm not an attorney
I would assume
:rolleyes:
I don't see how I don't have a slam-dunk wrongful termination case worth six-figures here.
...
in a company that has been expanding and owns and operates at least 6 poker rooms now.
...but isn't this company operating illegally and on the verge of being shut down?

Your argument devalues your case.

I think I'm done with this thread.
 
:unsure:


:rolleyes:

...but isn't this company operating illegally and on the verge of being shut down?

Your argument devalues your case.

I think I'm done with this thread.


I guess it depends if the relevant enforcement authorities decide to investigate and pursue anything against them.

I've seen horror stories like @Frogzilla who got caught up in a room that was raided here in Texas. There are other stories I've heard, primarily out of Houston of rooms that are taking actual rake and nothing is done to them. So there are certainly bad actors in the industry here in TX getting away with criminal activity, and there are some who get caught and their employees and patrons suffer for it at the same time.

I can't predict what the future will hold for Poker House. All I know is that I way I was interpreting the laws as I read them, their operations were violating some pretty big ones. I attempted to handle it on an internal level, notifying an owner and two upper level managers so we could avoid any issues moving forward and I was retaliated against for it.

Also, be aware that they operate multiple poker rooms throughout the state, it's possible each is contained under their own LLC, I don't really know how it's all structured. Not all of their rooms operate the same way. I know the Ft Worth location doesn't have a jackpot drop like Austin, they designate a portion of moneys they take in back towards promotions they offer.

My pay was split between Austin and Ft Worth when I received my raise, I was handling social media for both rooms, and their acquisition of Peaks Dallas was likely to mean I was going to start handling theirs as well at some point.

The issue was, I was being told if I didn't come to work my shifts at the Austin location I would be terminated, and that was the physical location where the biggest legal concerns I had were present.

If that location got shut down, there's still a possibility other locations remain in operation
 
Maybe that slip and fall expert that helped you with your Florida fender bender could refer you to someone?
 
I guess it depends if the relevant enforcement authorities decide to investigate and pursue anything against them.

I've seen horror stories like @Frogzilla who got caught up in a room that was raided here in Texas. There are other stories I've heard, primarily out of Houston of rooms that are taking actual rake and nothing is done to them. So there are certainly bad actors in the industry here in TX getting away with criminal activity, and there are some who get caught and their employees and patrons suffer for it at the same time.

I can't predict what the future will hold for Poker House. All I know is that I way I was interpreting the laws as I read them, their operations were violating some pretty big ones. I attempted to handle it on an internal level, notifying an owner and two upper level managers so we could avoid any issues moving forward and I was retaliated against for it.

Also, be aware that they operate multiple poker rooms throughout the state, it's possible each is contained under their own LLC, I don't really know how it's all structured. Not all of their rooms operate the same way. I know the Ft Worth location doesn't have a jackpot drop like Austin, they designate a portion of moneys they take in back towards promotions they offer.

My pay was split between Austin and Ft Worth when I received my raise, I was handling social media for both rooms, and their acquisition of Peaks Dallas was likely to mean I was going to start handling theirs as well at some point.

The issue was, I was being told if I didn't come to work my shifts at the Austin location I would be terminated, and that was the physical location where the biggest legal concerns I had were present.

If that location got shut down, there's still a possibility other locations remain in operation
It doesn’t sound like you have many good options, and yes quitting was probably a good idea. But I would recommend taking the Reddit thread down, sooner the better.

You’re a good dude with a good knack for poker and poker management, that’s the kind of thing that might affect future employment in the industry. If you were actually to get compensated then you kind of have to weigh that compensation vs some other room not wanting to hire you in the future, but this sounds like it’s only downside and that thread is like maximizing the downside.

As to the legality/illegality, who knows what’s actually going on. Watauga got raided for the dealer add-on but who knows what was the actual cause. Maybe right wheels weren’t greased, maybe someone wanted $200k seized, maybe the owner stepped on the wrong guys toes, maybe somebody lost their ass in a game and had the means to retaliate, maybe the sheriff really thought the add-on was too far. Who knows. Your suggestions especially improving the private/public defense seemed fine, maybe they were already annoyed with low turnout and ready to move on. Maybe they have a friend who wants your job. Who knows.

Best of luck sir.
 
Personally, from reading it sounds like you and the establishment don’t see eye to eye.


Time to move on to pastures more green
 
Your suggestions especially improving the private/public defense seemed fine, maybe they were already annoyed with low turnout and ready to move on. Maybe they have a friend who wants your job. Who knows.

Best of luck sir.

So fwiw, I was never consulted on the 200K Guaranteed Tournament, it was doomed to failure from the start. They spread out 10 day 1's at multiple clubs throughout the state, but for the clubs that were 3-4+ hours away from us, IF you made Day 2 you HAD to travel to Austin to play.

So maybe you fired a $360 initial buy-in and then some $180 re-entries. Well now you travel to Austin, pay fuel and tolls, get a hotel room for a couple of nights, pay for all the food expenses since you're far away from home. And your min-cash might be $550. So any profit you've made is already spent, and you have to go deep to actually realize any profit.

Tack this on with their Ft Worth location being HEAVYILY attended by freeroll players given the tournaments they regularly run, and I think it only got 1-2 of the flights to run out there, most of them didn't go. Their playerbase wasn't the type to buy into an event like this.

In addition, they scheduled it right when they Lodge was running a more affordable buy-in tournament with a guarantee 2x larger, AND they put our Day 3 on the Day 2 of the Lodges event, which forced players in Austin to choose ours or The Lodges.

Halfway through with 5 flights completed we were 152K short of our 200K guarantee. I saw this as an opportunity. Poker players love:

1. Value/free money
2. Integrity

If we're honoring the guarantee (which we should cause otherwise I'd quit, as would have others in the company) then we should promote the hell out of it. We'll siphon business from The Lodge we wouldn't have gotten otherwise because now we have a smaller and softer field with extra money available (they had also listened to advice finally to cancel Day 3 and just finish our event on Day 2 so people wouldn't have to pick and choose, they could play both)

Anyway, I had to argue the point of promoting the overlay like crazy for four days straight, before they finally relented and permitted me to do my thing. When all was said and done I promoted the absolute shit out of it and we went from a 152K overlay to under 28K, which after fees collected was covered with a small amount to spare.

The low turnout had zero to do with anything that involved me, that was decision makers above my head not thinking all the nuances through properly.

I had even encouraged them for the week of the 18th (when we had nothing going Mon-Thurs, and just a last-chance flight that Friday) to put up a diverse set of events like a Ladies event, Drawmaha, PLO/Big O, 2-7 Single Draw NL, etc. I saw that The Lodge ONLY had NLH tournaments running that week, but there'd be a shit-ton of people in town.

We could exploit the weakness in their schedule and the traffic they were bringing in, and drive additional business to our room by offering alternatives to people not interested in NLH tournaments.

Instead they decided to put together a bunch of uninspired NLH tournaments with $300 in lammers added to 1st place that I told them would flop (they did).

In addition, more than a month prior to our 200K Guaranteed Grand Opening Tournament I was inquiring if we had a trophy for the winner yet, "not yet" was always the response.

With maybe 4-5 days before our Day 2 where the winner would be crowned they text me "Anthony, got anyone who can get us a trophy?". I got that shit done, despite having it dropped on my lap at the last possible minute. One of the owners had the audacity to complain about the trophy being small.

So no, I don't see them having plans to replace me. The reason for the 50% pay bump was that I was told by the GM at the time of opening within a month I would receive "x" amount, that didn't happen and that GM wound up getting canned because he had no clue what he was doing.

In the first week of February I had my come to Jeezus moment with them and was told I'd receive the pay I was requesting, but it wouldn't kick in until March. So I was finally getting the expectation I had coming into this project.



This.

Better than getting fired.


Not sure where the disconnect was, but I WAS terminated. I had attempted to resolve legal concerns I had internally via communication with an owner and two upper level managers. In response they retaliated by changing my schedule to 6 graveyard front desk shifts. When I refused to come in for those shifts or promote them via social media (because I didn't want to engage in or promote illegal activity) is when they terminated me, stating in the email that I hadn't been coming in for my assigned shifts.
 
@Anthony Martino just curious, what were you initially hired to do? Were your expected hours ever stated?

I was hired on salary, primarily in a social media/marketing role, with plans to have me also assist with the livestream.

I also would pitch in from time to time as a floor supervisor/shift manager, front desk, cage and livestream commentary.

Because I was salary, when schedules were released it was rare I was assigned to any specific shifts.

I'd work remotely, as well as come in to get pictures, go live from the room, etc. If I was scheduled for a shift, it was 1-2 at most to fill holes in an upcoming week.

I had already received a notification 3-4 days prior that I had no scheduled shifts for the upcoming week.

Then on Monday March 25th when I sent my emails out, I received an updated schedule and was now supposed to work Tues-Sun 11:15pm-6:15am at the front desk.

Since we had been open, no one was ever scheduled past 4am there, we didn't have the business to warrant it.

That it occured the same day as my notifying them of my concerns looks exceedingly retaliatory to me.

First they tried to get me to admit to resigning.

Then they tried dangling the carrot on a stick, saying my salary would remain the same.

Then they threatened me with termination.

I really hope I have a case and can find counsel, because I don't like letting the bad guys win
 
I was hired on salary, primarily in a social media/marketing role, with plans to have me also assist with the livestream.

I also would pitch in from time to time as a floor supervisor/shift manager, front desk, cage and livestream commentary.

Because I was salary, when schedules were released it was rare I was assigned to any specific shifts.

I'd work remotely, as well as come in to get pictures, go live from the room, etc. If I was scheduled for a shift, it was 1-2 at most to fill holes in an upcoming week.

I had already received a notification 3-4 days prior that I had no scheduled shifts for the upcoming week.

Then on Monday March 25th when I sent my emails out, I received an updated schedule and was now supposed to work Tues-Sun 11:15pm-6:15am at the front desk.

Since we had been open, no one was ever scheduled past 4am there, we didn't have the business to warrant it.

That it occured the same day as my notifying them of my concerns looks exceedingly retaliatory to me.

First they tried to get me to admit to resigning.

Then they tried dangling the carrot on a stick, saying my salary would remain the same.

Then they threatened me with termination.

I really hope I have a case and can find counsel, because I don't like letting the bad guys win

I am not a lawyer. None of the following is advice and I’m just thinking out loud. What type of lawyer have you been trying to retain? I wonder if one that specializes in workers comp would be best? From my reading of all this, the clearest thing you have going for you is retaliation. That being said, if I were playing devil’s advocate and trying to help the card room, some of your behavior could also be construed as threatening?
 
I am not a lawyer. None of the following is advice and I’m just thinking out loud. What type of lawyer have you been trying to retain? I wonder if one that specializes in workers comp would be best? From my reading of all this, the clearest thing you have going for you is retaliation. That being said, if I were playing devil’s advocate and trying to help the card room, some of your behavior could also be construed as threatening?

I've been contacting lawyers focused on employment law that cover retaliation, wrongful termination, etc.

I contacted an owner and two managers internally. I notified them of my concerns and gave what advice I believed may be best (which included the company contacting a qualified tx attorney versed in gambling law) so we could verify the concerns and correct whatever was needed.

Instead of responding to address those concerns, my employer changed my work schedule to 6 graveyard shifts in retaliation.

I wasn't going to put myself in harms way and continued to encourage them to address my concerns while they attempted to trick me into saying I resigned, coerce me with an assurance my salary would remain the same, and then threaten me with termination if I didn't comply.

Throughout that whole process I expressed that I was willing to help out, if it did not involve my engaging in or promoting illegal activity, while also requesting we address these concerns so we didn't put the business, owners, stakeholders, staff and patrons at risk of fines and prosecution.
 
For a period of time I was on the board for a non profit called whistleblowers of america.

My main takeaway from that experience is that whistleblowing almost never leads to good outcomes. Even with good legal representation. Even those that receive large legal settlements after years of effort often convey it wasn’t worth it purely monetarily.

Doing the right thing is often costly.

Good luck moving on.
 
For a period of time I was on the board for a non profit called whistleblowers of america.

My main takeaway from that experience is that whistleblowing almost never leads to good outcomes. Even with good legal representation. Even those that receive large legal settlements after years of effort often convey it wasn’t worth it purely monetarily.

Doing the right thing is often costly.

Good luck moving on.

Well, at the end of the day I'm not going to compromise my integrity and help the bad actors continue to profit off my efforts, and risk getting caught up in a raid in the process.
 
I've been contacting lawyers focused on employment law that cover retaliation, wrongful termination, etc.

I contacted an owner and two managers internally. I notified them of my concerns and gave what advice I believed may be best (which included the company contacting a qualified tx attorney versed in gambling law) so we could verify the concerns and correct whatever was needed.

Instead of responding to address those concerns, my employer changed my work schedule to 6 graveyard shifts in retaliation.

I wasn't going to put myself in harms way and continued to encourage them to address my concerns while they attempted to trick me into saying I resigned, coerce me with an assurance my salary would remain the same, and then threaten me with termination if I didn't comply.

Throughout that whole process I expressed that I was willing to help out, if it did not involve my engaging in or promoting illegal activity, while also requesting we address these concerns so we didn't put the business, owners, stakeholders, staff and patrons at risk of fines and prosecution.

Have these lawyers said why they don’t take your case?
 

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